Chapter 19. Crime Victims’ Rights.
Subchapter I. General.
§ 23–1901. Crime victims’ bill of rights.
(a) Officers or employees of the District of Columbia engaged in the detection, investigation, or prosecution of crime or the judicial process shall make their best efforts to see that victims of crime are accorded the rights described in subsection (b) of this section.
(b) A crime victim has the right to:
(1) Be treated with fairness and with respect for the victim’s dignity and privacy;
(2) Be reasonably protected from the accused offender;
(3) Be notified of court proceedings;
(4) Be present at all court proceedings related to the offense, including the sentencing, and release, parole, record-sealing, and post-conviction hearings, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony or where the needs of justice otherwise require;
(5) Confer with an attorney for the prosecution in the case which does not include the authority to direct the prosecution of the case;
(6) An order of restitution from the person convicted of the criminal conduct that caused the victim’s loss or injury;
(7) Information about the conviction, sentencing, imprisonment, detention, and release of the offender, and about any court order to seal the offender’s criminal records;
(8) Notice of the rights provided in this chapter and under the laws of the District of Columbia; and
(9) Be notified of any available victim advocate or other appropriate person to develop a safety plan and appropriate services.
(c) This section does not create a cause of action or defense in favor of any person arising out of the failure to accord to a victim the rights enumerated in subsection (b) of this section.
§ 23–1902. Notice to crime victims.
(a) The head of each department and agency of the District of Columbia engaged in the detection, investigation, or prosecution of crime or in the judicial process shall designate the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) of this section at each stage of a criminal case.
(b) At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall identify the victim or victims of a crime.
(c)(1) At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall inform identified victims of:
(A) Their right to receive the services described in this subsection and a listing of their bill of rights as contained in section 23-1901;
(B) The name, title, business address and telephone number of the responsible official to whom the victim should address a request for assistance to obtain the services described in this subsection;
(C) The place where the victim may receive emergency medical and social services;
(D) Any restitution, crime victims’ compensation, crime victims’ assistance or other relief for which the victim may be eligible under this or any other law and the manner in which such relief may be obtained;
(E) The names and phone numbers of public and private victim assistance programs that are available to provide counseling, treatment, and other support to the victim;
(F) The procedure and resources available for reasonable protection of the victim; and
(G) The police report number, if available, and other identifying case information.
(2) During the investigation and prosecution of a crime, a responsible official shall provide the victim, to the extent possible, with timely notice of the:
(A) Status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation;
(B) Arrest of a suspected offender;
(C) Filing of criminal charges, the nolle prosequi of the case, or the dismissal of all charges against a suspected offender;
(D) Date of each scheduled court proceeding and any scheduling changes;
(E) Release or detention status of an offender or suspected offender;
(F) Acceptance of a plea of guilty, nolo contendere or an Alford plea, or the rendering of a verdict after trial; and
(G) Sentence or disposition imposed on an offender, including the date on which the offender will be eligible for parole or release.
(d) After trial, a responsible official shall provide a victim with timely notice of the:
(1) Scheduling of a release, parole, record-sealing, or post-conviction hearing for the offender.
(2) Escape, work release, furlough, or any other form of release from custody of the offender; and
(3) Death of the offender, if the offender dies while in custody or under supervision.
(e) The victim or the representative of the victim appointed by the court has a continuing obligation to provide the appropriate investigative, prosecutive, judicial, or correctional agency with correct and up-to-date information on the victim’s name and address or an alternate means by which the victim can be given notice.
(f) This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide information as required by this chapter.
§ 23–1903. Crime victim privacy and security.
*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) Before, during, and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that may occur between the victim and the victim’s family with the accused or the accused’s or respondent’s family, and defense witnesses.
(b) The accused or defendant, the accused’s or defendant’s attorney or another person acting on behalf of the accused or defendant shall clearly identify himself or herself as being, representing or acting on behalf of the accused, defendant, or respondent in any contact with the victim.
(c) A responsible official shall arrange for any crime victim’s property being held for evidentiary purposes to be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes.
(d) In a proceeding in which a child is a victim or is called to give testimony, on motion by the attorney for the government or the victim’s legal or court-appointed representative, or on its own motion, the court may designate the case as being of special public importance. In cases so designated, the court shall expedite the proceeding and ensure that it takes precedence over any other. The court shall ensure a speedy trial in order to minimize the length of time the child must be involved with the criminal justice system. When deciding whether to grant a continuance, the court shall take into consideration the age of the child and the potential adverse impact the delay may have on the child’s well-being. The court shall make written findings of fact and conclusions of law when granting a continuance in cases involving a child victim or child witness.
§ 23–1904. Crime victims’ rights at sentencing.
(a) Crime victims shall have the right to be present at the defendant’s sentencing, release, parole, post-conviction, and record-sealing hearings.
(b) Crime victims shall have the right to submit, prior to the imposition of sentence, a written victim impact statement containing information concerning any emotional, psychological, financial, or physical harm done to or loss suffered by the victim.
(c) In determining the appropriate sentence to be imposed on the defendant, the Court shall consider any victim impact statement submitted in accordance with this chapter and such statement shall be made a part of the pre-sentence report filed by the Court Services and Offender Supervision Agency.
(d) Crime victims shall have the right to offer at the defendant’s release or parole hearing a written statement of the victim’s opinion whether the defendant should be granted release or parole.
(e) Crime victims shall have the right to make a statement at the defendant’s sentencing and record-sealing hearings. The absence of the crime victim shall not preclude the court from holding the sentencing or record-sealing hearings.
(f)(1) In addition to a crime victim, a representative of a community affected by the crime of which the defendant has been convicted shall have the right to submit, prior to imposition of sentence, a community impact statement and the court shall consider the community impact statement in determining the appropriate sentence to be imposed on the defendant. If more than one community is affected, each may submit a statement pursuant to this paragraph.
(2) Sentencing in a misdemeanor case shall not be continued solely because a community impact statement has not been submitted.
(3) The Chief Judge of the Superior Court shall establish reasonable procedures with respect to time and manner in which community impact statements are submitted to the court.
§ 23–1904a. Right to member of a hospital-based violence intervention program.
(a) For the purposes of [this section], [and §§] 23-1904b[] and 23-1904c, the term:
(1) "Hospital" means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care, from which a hospital-based violence intervention program operates.
(2) "Hospital-based violence intervention program" means a non-governmental program that:
(A) Provides counseling, case management, and social services to victims at, or in conjunction with, a hospital to prevent retaliatory violence; and
(B) Participates in, or is a member of, a coordinating body for similar programs, such as Project CHANGE or the Health Alliance for Violence Intervention.
(3) "HVIP member" means an employee, contractor, or volunteer of a hospital-based violence intervention program.
(4) "Victim" means a person who has suffered an intentionally inflicted gunshot or stabbing wound.
(b)(1) A HVIP member shall, if the victim consents, have the right to remain physically present with a victim at any:
(A) Forensic medical, evidentiary, or physical examination at the hospital; or
(B) Interview with law enforcement at the hospital.
(2) A victim may at any time revoke their consent to have a HVIP member present at the setting described in paragraph (1) of this subsection.
§ 23–1904b. Task Force on Hospital-Based Violence Intervention Programs. [Not Funded]
[Not Funded].
§ 23–1904c. Hospital-based violence intervention policy and training pilot.
(a) The Office of Victim Services and Justice Grants shall, in Fiscal Years 2023 and 2024, issue grants for a pilot program ("pilot program") to develop evidence-based policies, protocols, and training for hospital staff, medical providers, and law enforcement to guide their interactions when operating as part of a hospital-based violence intervention program.
(b) The pilot program shall be conducted by a District-based entity with experience and expertise in academic research, police practices, civil and constitutional rights and laws, developing and implementing police and community safety policies and training, and training or educating Metropolitan Police Department officers.
(c) The pilot program shall include:
(1) Designing and testing outcome measures for patients, hospital staff, medical providers, and law enforcement in order to improve patient health, increase the effectiveness of violence intervention programs, and improve efficiency and coordination for hospital staff, medical providers, community-based organizations, and law enforcement;
(2) Soliciting input from law enforcement agencies, hospital staff, medical providers, and hospital-based violence intervention programs;
(3) Developing and delivering policies and training for hospital staff, medical providers, and law enforcement;
(4) Evaluating and revising the impact of policies, protocols, and training on outcomes; and
(5) Issuing a report by September 30, 2024, that shall be presented at a public meeting of the Task Force on Hospital-Based Violence Intervention Programs.
(d) Any entity conducting the pilot program shall be considered a hospital-based violence intervention program for the purposes of determining whether confidential communications can be disclosed as described in § 14-313(b)(1).
§ 23–1905. Definitions.
For purposes of this section,
(1) The term “community” means a formal or informal association or group of people living, working, or attending school in the same place or neighborhood and sharing common interests arising from social, business, religious, governmental, scholastic, or recreational associations.
(1A) The term “community impact statement” means a written statement that provides information about the social, financial, emotional, and physical effects of the defendant or crime on the community.
(1B) The term “court” means the Superior Court of the District of Columbia.
(2)(A) The term “victim” or “crime victim” means a person who or entity which has suffered direct physical, emotional, or pecuniary harm:
(i) As a result of the commission of any felony or misdemeanor in violation of any criminal statute in the District of Columbia;
(ii) While assisting lawfully to apprehend a person reasonably suspected of having committed or attempted a crime;
(iii) While assisting a person against whom a crime has been committed or attempted if the assistance was rendered in a reasonable manner; or
(iv) While attempting to prevent the commission of a crime.
(B) In the case of a victim or crime victim:
(i) That is an institutional entity, the term “victim” or “crime victim” includes an authorized representative of the entity.
(ii) Who is under 18 years of age, incompetent, incapacitated, or deceased, the term “victim” or “crime victim” includes a representative appointed by the court to exercise the rights and receive the services set forth in this chapter on behalf of the victim.
(C) The term “victim” shall not include any person who committed or aided or abetted in the commission of the crime.
§ 23–1906. Applicability.
The provisions of this chapter requiring notice to the victim shall be applicable when computer systems are in place at the Metropolitan Police Department or the Superior Court of the District of Columbia to provide such notice or one year after the effective date of this chapter [June 8, 2001], whichever occurs first, and will apply only to crimes committed on or after that date.
Subchapter II. Sexual assault victim advocates and sexual assault youth victim advocates; sexual assault victim advocate dispatch system.
§ 23–1907. Definitions.
For the purposes of this subchapter, the term:
(1) "DC SANE Program" means the DC Sexual Assault Nurse Examiner Program that provides comprehensive medical forensic care to sexual assault victims, including:
(A) The DC Forensic Nurse Examiners;
(B) The Child and Adolescent Protection Center; or
(C) Any other entity within the District that is a member of the SART, or the multidisciplinary investigation team, described in § 4-1301.51.
(2) "Forensic nurse examiner" means a nurse with specialized training in medical forensic evidence collection who provides comprehensive medical forensic care to sexual assault victims and participates in the DC SANE Program.
(3) "Hospital" means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care.
(4) "Interview" means any interview conducted by the MPD or other District agency with a sexual assault victim relating to the alleged sexual assault.
(5) "MPD" means the Metropolitan Police Department.
(6) "OVSJG" means the Office of Victim Services and Justice Grants, established pursuant to Mayor's Order 2016-171.
(7) "PERK" means a Physical Evidence Recovery Kit used to collect and preserve physical evidence related to a sexual assault or alleged sexual assault.
(8) "SART" shall have the same meaning as provided in § 4-561.01(11).
(9) "Sexual assault" means any of the following offenses: §§ 22-1834 (sex trafficking of children); 22-2704 (abducting or enticing child from his or her home for the purposes of prostitution; harboring such child); 22-2705 (pandering; inducing or compelling an individual to engage in prostitution); 22-2706 (compelling an individual to live life of prostitution against his or her will); 22-2708 (causing spouse or domestic partner to live in prostitution); 22-2709 (detaining an individual in disorderly house for debt there contracted); 22-1901 (incest); 22-3002 (first degree sexual abuse); 22-3003 (second degree sexual abuse); 22-3004 (third degree sexual abuse); 22-3005 (fourth degree sexual abuse); 22-3006 (misdemeanor sexual abuse); 22-3008 (first degree child sexual abuse); 22-3009 (second degree child sexual abuse); 22-3009.01 (first degree sexual abuse of a minor); 22-3009.02 (second degree sexual abuse of a minor); 22-3009.03 (first degree sexual abuse of a secondary education student); 22-3009.04 (second degree sexual abuse of a secondary education student); 22-3010 (enticing a child or minor); 22-3010.01 (misdemeanor sexual abuse of a child or minor); 22-3010.02 (arranging for sexual contact with a real or fictitious child); 22-3013 (first degree sexual abuse of a ward, patient, client, or prisoner); 22-3014 (second degree sexual abuse of a ward, patient, client, or prisoner); 22-3015 (first degree sexual abuse of a patient or client); 22-3016 (second degree sexual abuse of a patient or client); 22-3018 (attempts to commit sexual offenses); or 22-3102 (knowingly using a minor in a sexual performance or promoting a sexual performance by a minor).
(10) "Sexual assault counselor" means an employee, contractor, or volunteer of a community-based organization serving sexual assault victims 13 years of age or older who:
(A) Renders support, counseling, or assistance to a sexual assault victim;
(B) Has undergone at least 40 hours of training related to sexual assault counseling using a curriculum approved by the OVSJG that includes instruction on:
(i) The dynamics and history of sexual assault and gender-based violence;
(ii) Sex trafficking and other forms of commercial sexual exploitation;
(iii) Trauma resulting from sexual assault, gender-based violence, and commercial sexual exploitation;
(iv) Responding to the specific needs of youth sexual assault victims;
(v) Responding to the specific needs of sexual assault victims with respect to their sexual orientation, gender identity, or gender expression;
(vi) Trauma-informed care, crisis intervention, personal safety, and risk management; and
(vii) Cultural humility;
(viii) The sexual assault victim advocate dispatch system, developed by OVSJG and approved by the SART, pursuant to § 23-1909(e); and
(ix) Services available to sexual assault victims, including how to access medical forensic care services available through the DC SANE Programs; and
(C) Is supervised by an individual who has a minimum of:
(i) 5 years of experience rendering support, counseling, or assistance to sexual assault victims; or
(ii) 3 years of experience rendering support, counseling, or assistance to sexual assault victims and an advanced degree in a related field.
(11) "Sexual assault victim" means any individual against whom a sexual assault has been committed or is alleged to have been committed, including:
(A) Deceased individuals; and
(B) Representatives appointed by the court to exercise the rights and receive services on behalf of sexual assault victims who are under 18 years of age, incompetent, incapacitated, or deceased.
(12) "Sexual assault victim advocate" means an employee or contractor of a community-based organization whose director or their director's designee is a member of the SART and who:
(A) Is a sexual assault counselor; and
(B) Has undergone an additional 20 hours of training related to sexual assault victim advocacy using a curriculum approved by the OVSJG that includes instruction on:
(i) The District's criminal justice system;
(ii) Crime victims' rights; and
(iii) Avoiding the unauthorized practice of law.
(13) "Sexual Assault Victim's Rights Card" means a document, published by OVSJG in consultation with the SART, printed in the most widely spoken languages in the District, that advises sexual assault victims of their rights under this subchapter.
(14) "Sexual assault youth victim advocate" means an employee or contractor of a community-based organization whose director or the director's designee is a member of the SART and who:
(A) Qualifies as a sexual assault victim advocate; and
(B) Has undergone an additional 20 hours of training related to youth sexual assault victim advocacy using a curriculum approved by the OVSJG that includes instruction on:
(i) Providing services to sexual assault victims under the age of 18, including the different needs of children and adolescents;
(ii) Navigating family dynamics in the context of providing services to children and adolescents who have experienced sexual assault;
(iii) The co-occurrence of child abuse in children and adolescents who have experienced sexual assault; and
(iv) Children's susceptibility to suggestive questioning, the impact suggestive questions have on criminal investigations and prosecutions, and techniques for minimizing the potential for suggestibility.
§ 23–1908. Sexual assault victims' rights.
(a) In addition to the rights set forth in subchapter I of this chapter, a sexual assault victim shall have the right to have:
(1) A PERK performed at no cost;
(2) To have their PERK and any additional probative or evidentiary contents preserved, without charge, for 65 years from the date the crime is first reported to the law enforcement agency, as that term is defined in § 5-113.31(9);
(3) For sexual assault victims 18 years of age or older, a sexual assault victim advocate, and for sexual assault victims ages 13 to 17, a sexual assault youth victim advocate, present during any:
(A) Forensic medical, evidentiary, or physical examination;
(B) Point during the hospital visit; provided, that the presence of a sexual assault victim advocate or a sexual assault youth victim advocate does not pose health or safety risks to the sexual assault victim, the sexual assault victim advocate, or the sexual assault youth victim advocate; and
(C) Interview.
(b) A sexual assault victim shall have the rights provided in subsection (a)(3) of this section even if the sexual assault victim previously declined the presence of a sexual assault victim advocate or a sexual assault youth victim advocate.
§ 23–1909. Sexual assault victim advocates and sexual assault youth victim advocates; sexual assault victim advocate dispatch system.
(a)(1) Hospitals shall, if a sexual assault victim who is 13 years of age or older consents, immediately notify the sexual assault victim advocate dispatch system before beginning any forensic medical, evidentiary, or physical examination arising out of a sexual assault or an alleged sexual assault.
(2) A sexual assault victim advocate shall, for sexual assault victims 18 years of age or older, and a sexual assault youth victim advocate shall, for sexual assault victims ages 13 to 17, inform the sexual assault victim of their rights under this subchapter.
(b) The MPD shall, for a person known or suspected to be a sexual assault victim 13 years of age or older:
(1) Upon making, provide to that person a Sexual Assault Victim's Rights Card;
(2) Before beginning an interview, advise the person of a sexual assault victim's right to either a sexual assault victim advocate, if the sexual assault victim is 18 years of age or older, or a sexual assault youth victim advocate, if the sexual assault victim is ages 13 to 17;
(3) If a sexual assault victim asserts their right to a sexual assault victim advocate or a sexual assault youth victim advocate, only conduct a minimal facts interview before the sexual assault victim consults with the advocate; and
(4) If a sexual assault victim declines their right to a sexual assault victim advocate or sexual assault youth victim advocate, notify the sexual assault victim of their right to have a sexual assault victim advocate or a sexual assault youth victim advocate present as provided in § 23-1908.
(c)(1) By June 1, 2020, the independent expert consultant, as that term is defined in § 4-561.01(6), shall submit to the MPD a report making recommendations on the scope of a minimal facts inquiry.
(2)(A) By April 1, 2020, the independent expert consultant shall provide a draft of the report making recommendations on the scope of a minimal facts inquiry to the SART.
(B) SART members may provide to the independent expert consultant written comments in response to that draft report within a reasonable period of time, to be determined by the independent expert consultant, but not less than one month.
(3) The independent expert consultant shall consider all written comments that are timely received from SART members under paragraph (2)(B) of this subsection and submit its final report to the MPD based on the comments received.
(4) The MPD shall, within 60 days after receiving the independent expert consultant's final report, issue a general order regarding the scope of a minimal facts inquiry.
(d) The MPD's duties described in subsection (b) of this section shall:
(1) For sexual assault victims ages 13 to 17, be performed by a member of MPD's Youth Division; and
(2) For sexual assault victims 18 years of age or older, be performed by a member of MPD's Sexual Assault Unit.
(e)(1) There is established a sexual assault victim advocate dispatch system that:
(A) For a sexual assault victim ages 13 to 17:
(i) Dispatches a sexual assault youth victim advocate to settings in which the sexual assault victim has the right to a sexual assault youth victim advocate's presence pursuant to § 23-1908(a)(3); or
(ii) Provides the sexual assault victim with electronic access, including telephonic access, to a sexual assault youth victim advocate:
(I) In settings or during times in which dispatching a sexual assault youth victim advocate is impracticable; or
(II) Upon the sexual assault victim's request; and
(B) For a sexual assault victim 18 years of age or older:
(i) Dispatches a sexual assault victim advocate to settings in which the sexual assault victim has the right to a sexual assault victim advocate's presence pursuant to § 23-1908(a)(3); or
(ii) Provides the sexual assault victim with electronic access, including telephonic access, to a sexual assault victim advocate:
(I) In settings or during times in which dispatching a sexual assault advocate is impracticable; or
(II) Upon the sexual assault victim's request.
(2) The sexual assault victim advocate dispatch system shall be developed by OVSJG and approved by the SART.
§ 23–1910. Access to information.
(a) Except as provided in subsection (b) of this section, in addition to the notice requirements set forth in subchapter I of this chapter, for a sexual assault victim 13 years of age or older, MPD shall:
(1) Inform the sexual assault victim of:
(A) The status of any medical forensic examination, PERK, or toxicology test related to the sexual assault, including the reasons for any delay in processing and the eventual completion of the testing and analysis of specimens related to the case, within 15 business days after any material change in the status of the medical forensic examination, PERK, or toxicology test; and
(B) Any PERK test results, DNA testing results, toxicology report, or other information collected as part of a medical forensic examination within 15 business days after the results become available; provided, that the MPD is not required to disclose to the sexual assault victim the identity of any suspect implicated by DNA or similar testing for cases with an open investigation or active prosecution;
(2) Provide the sexual assault victim, upon request, with a written copy of all policies governing the administration and preservation of a PERK;
(3) Have the PERK and its probative contents preserved for 65 years from the date the crime is first reported to the law enforcement agency, as that term is defined in § 5-113.31(9);
(4) Provide the sexual assault victim with written notification at least 60 days before the date of the intended destruction or disposal of the PERK; and
(5) Make reasonable attempts to notify a sexual assault victim 13 years of age or older of the MPD's intent to communicate with a suspect before communicating with the suspect and alerting the suspect of the sexual assault allegation made against the suspect; provided, that if prior notification is not possible, notification shall be made as soon as is reasonably possible after the communication with the suspect has occurred.
(b)(1) A sexual assault victim 13 years of age or older may request, in writing, that the MPD not perform any of its duties described in subsection (a) of this section.
(2) If a sexual assault victim 13 years of age or older requests that the MPD not perform any of its duties described in subsection (a) of this section, the MPD shall not perform those duties, unless the sexual assault victim later requests that the MPD perform those duties; provided, that if a sexual assault victim requests that the MPD not preserve his or her PERK and its probative contents pursuant to subsection (a)(3) of this section, a sexual assault victim may not subsequently request that the MPD preserve his or her PERK and its probative contents pursuant to subsection (a)(3) of this section.
(3)(A) The DFS shall notify the MPD of any material change in the status of any medical forensic examination, PERK, or toxicology test within 7 days after the material change.
(B) The DFS shall notify the MPD of any PERK test results, DNA testing results, toxicology report, or other information collected as part of a medical forensic examination within 7 business days after the results become available.
§ 23–1911. Cause of action; remedies.
(a) An individual whose rights under this subchapter were violated may bring a civil action in the Superior Court for the District of Columbia against the District agencies responsible for the violation.
(b) Remedies in actions brought pursuant to subsection (a) of this section shall be limited to injunctive relief and shall not include money damages.
§ 23–1912. Limitations on law enforcement actions against sexual assault victims seeking medical treatment.
*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) A sexual assault victim, when the sexual assault victim is seeking emergency medical treatment or medical forensic care related to a sexual assault, or a victim, as that term is defined in § 23-1904a(a)(4), when the victim is seeking emergency medical treatment or medical forensic care at a hospital related to an intentionally inflicted gunshot or stab wound, shall not be subject to a subsequent custodial arrest by a law enforcement officer unless a warrant for the sexual assault victim's arrest or the victim's arrest has been issued by a competent court of jurisdiction for the commission of a:
(1) Dangerous crime, as that term is defined in § 23-1331(3); or
(2) Crime of violence, as that term is defined in § 23-1331(4).
(b) A law enforcement officer who is prohibited from making a custodial arrest under subsection (a) of this section may issue a field arrest form to the sexual assault victim or victim in lieu of making a custodial arrest; provided, that the issuance of a field arrest form does not at that time pose health or safety risks to the sexual assault victim or victim.
